There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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This Week in Ridiculous Regulations
Finland, which borders Russia, is joining NATO. Former President Donald Trump was indicted by a grand jury. Meanwhile, agencies issued new regulations ranging…
Forbes
The “Guidance Out Of Darkness Act” Is The Low-Hanging Fruit Of Regulatory Reform
We often marvel that we don’t actually know how many federal agencies exist. And the number of “commissions” and programs (many expired…
News Release
Senator Ron Johnson and 15 GOP Colleagues Introduce Guidance Out of Darkness Act in 118th Congress
Senator Ron Johnson (R-WI) introduced the Guidance Out of Darkness (GOOD) Act this week, a bill aimed at bringing transparency to agency guidance documents…
Forbes
Laws Against Laws: A 118th Congress Regulatory Reform Agenda For Rightsizing Washington
It’s all right to be little-bitty. — Alan Jackson, “Little Bitty,” Everything I Love, 1996 It ought to be harder to enact bad laws and regulations…
Blog
This Week in Ridiculous Regulations
President Biden released a $6.8 trillion proposed budget. The labor force grew by 311,000 people in February. Meanwhile, agencies issued new regulations ranging…
Blog
Regulatory Reform in the 118th Congress: The ALERT Act
Transparency is a vital part of good government. It is also lacking in the regulatory process. H.R. 262, The All Economic Regulations are Transparent…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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